5.1 The SP may only grant the sublicensing to its customers if the customer enters into the SP subscription contract, which consists of at least the terms of licence set out in Schedule 1 [sublicensing scope] of that agreement (“subscription contract”). 5.2 The SP acknowledges that failure to enter into the subscription contract at least to the extent specified in this contract with each customer is considered a substantial violation of that agreement, which may lead to the termination of the agreement as a whole or the suspension or termination of the product to the customer concerned, provided it is necessary to protect Flowmon`s rights. The SP is solely responsible for the damage caused by such a suspension or termination of a customer with whom the subscription contract has not been entered into. 5.3 The SP is also responsible for any act or inaction by its client that violates the terms and limitations of the subscription contract. 5.4 The SP is also obliged to grant Flowmon any reasonably necessary cooperation in the follow-up of legal proceedings against its customers in the event of non-compliance with the subscription contract. Microsoft Corp`s contract must be approved within two weeks. Microsoft and LOL Cloud will send a welcome email containing details of your new SPLA agreement. The signed and approved physical contract is also sent directly by Microsoft. LOL Cloud sends the signed sub-contract. 2.1 In concluding the contract, by clicking on the “I ACCEPT” button, downloading, copying, installing, obtaining or any other use of the product, the SP agrees with this agreement.
Flowmon gives the SP the right to use the product in accordance with this Agreement (“Licence”) and other contractual terms. 2.2 The licence is a limited, non-exclusive, non-transferable and non-transferable right, but, as noted above, to sublicensing its customers to use the product. 2.3 If the product is made available to the SP as software on a standalone basis under the contract, Flowmon also grants the SP the right to install a (1) copy of the product on a (1) hardware or in a (1) virtual environment per license purchased (1). The number of licenses purchased by the PS is fixed in the contract and the PS can acquire other licenses under the terms set out in the contract. The PS is obliged to limit any additional installation of the product in contradiction with this provision. 2.4 The licence is also granted (a) without territorial restrictions (unless they are defined in the treaty), with the exception of countries for which US export management regulations, European Union rules or other relevant bodies prohibit export transactions; (b) for the duration of the treaty; and (c) for the manner, means and methods of use for which the product was created and made available to the PS. 2.5 The SP expressly has the right to sublicensit to allow the use of the product to its customer, but only to the extent and subject to the insence, restrictions and conditions provided for in Section 5 (“sublicensing”) 2.6 Source codes are not made available to the SP.